Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (i) to assign its security interest; (ii) to enforce its lien and acquire title to the leasehold and/or easement estate by any lawful means; (iii) to take possession of and operate the Solar Facilities or any portion thereof, to exercise all of Grantee’s rights hereunder, and to perform all obligations to be performed by Grantee hereunder, or to cause a receiver to be appointed to do so; and (iv) to acquire the leasehold and/or easement estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the leasehold and/or easement estate to a third party. Owner’s consent shall not be required for the acquisition of the encumbered leasehold, easement or subeasement estate by a third party who acquires the same by foreclosure or assignment in lieu of foreclosure.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (a) to assign its security interest;
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (a) to assign its Mortgage; (b) to enforce its lien and acquire title to all or any portion of the Wind Farm Assets by any lawful means; (c) to take possession of and operate all or any portion of the Wind Farm Assets and to perform all obligations to be performed by Northern or NIW II under this Agreement, or to cause a receiver to be appointed to do so; and (d) to acquire the all or any portion of the Wind Farm Assets by foreclosure or by an assignment (or deed) in lieu of foreclosure and thereafter to assign or transfer all or any portion of the Wind Farm Assets to a third party.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (a) to assign its security interest; (b) to enforce its Lien and acquire title to the leasehold estate by any lawful means; (c) to take possession of and operate the Leased Property, or any portion thereof and to perform all obligations to be performed by Tenant or Assignee under this Lease, or to cause a receiver to be appointed to do so; (d) to acquire the leasehold estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the leasehold estate to a third party; and (e) prior to any enforcement action, to cure any breach or default of Tenant under this Lease. Owner’s consent shall not be required for (x) the pledge, mortgage or hypothecation of Tenant’s rights in the Lease; or (b) the acquisition of Tenant’s or Assignee’s leasehold estate by a third party who acquires the same by foreclosure or assignment in lieu of foreclosure. As used in this Lease, (i) the term “Mortgagee” means any financial institution or other person or entity that from time to time provides secured financing or interest rate hedging directly to Tenant or indirectly to an affiliate or otherwise encumbers some or all of Tenant’s or an Assignee’s interest in the Lease and any agent, security agent, collateral agent, indenture trustee, loan trustee, loan participant or participating syndicated lenders involved in whole or in part in such financing, and their respective successors and assigns, (ii) the term “Mortgage” refers to the mortgage, deed of trust or other security interest in this Lease given to a Mortgagee in connection with such financing and (iii) the term “Mortgaged Interest” refers to the interest in this Lease, that is held by the Mortgagee. Under no circumstances may a Mortgage be allowed to attach to the fee simple estate owned by Owner or the leasehold estate and other real property interests held by the Wind Tenant in the Leased Property.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (i) to assign its Mortgage; (ii) to enforce its lien and acquire title to all or any portion of the Wind Turbine Assets by any lawful means; (iii) to take possession of and operate all or any portion of the Wind Turbine Assets and to perform all obligations to be performed by Lessee or a Sublessee under this Lease or a Sublease as the case may be, or to cause a receiver to be appointed to do so; and (iv) to acquire all or any portion of the Wind Turbine Assets by foreclosure or by an assignment in lieu of foreclosure and thereafter with Lessor’s consent, which shall not be unreasonably withheld or delayed, to assign or transfer all or any portion of the Wind Turbine Assets to a third party. Upon acquisition of the interests of all or any portion of the Wind Turbine Assets by a Mortgagee or any other third party who acquires the interests, from or on behalf of the Mortgagee, Lessor shall recognize the Mortgagee or such other party (as the case may be) as Xxxxxx’s or a Sublessee’s proper successor, and this Lease, any such Sublease and the Easements shall remain in full force and effect.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee will have the right, subject to timely payment of all Rents due pursuant to Article 5 and to Lessor’s consent, as applicable: (a) to assign its security interest; (b) to enforce its lien and acquire title to the leasehold estate by any lawful means; (c) to take possession of and operate the Wind Energy Facilities or any portion thereof and to perform all obligations to be performed by Lessee hereunder, or to cause a receiver to be appointed to do so; and (d) to acquire the leasehold estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the leasehold estate to a third party. As applicable, Xxxxxx’s prior written consent will be required for the acquisition of the encumbered leasehold estate by a third party who is authorized to contract with the State of Idaho and acquires the same by foreclosure or assignment in lieu of foreclosure.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right: (i) to assign its security interest; (ii) to enforce its lien and acquire title to the Leasehold Estate and easement rights by any lawful means; (iii) to take possession of and operate the Facilities or any portion thereof and to perform all obligations to be performed by Tenant or Assignee under this Lease, or to cause a receiver to be appointed to do so; and, (iv) to acquire the Leasehold Estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the Leasehold Estate and easement rights to a third party. Xxxxxxxx’s consent shall not be required for (x) the pledge, mortgage or hypothecation of Tenant’s rights in the Agreement, the Facility, or Tenant or (y) the acquisition of Tenant’s or Assignee’s leasehold estate by a third party who acquires the same by foreclosure or assignment in lieu of foreclosure. Xxxxxxxx agrees that any Mortgagee or investor shall have the right to make any payment and to do any other act or thing required to be performed by Tenant under this Lease, and any such payment, act or thing performed by Mortgagee or investor shall be effective to prevent a default under this Agreement and any forfeiture of any of Tenant’s rights under this Agreement as if done by Tenant itself.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee shall have the absolute right (a) to assign its Mortgage; (b) to enforce its lien and acquire title to all or any portion of the Solar Operations by any lawful means; (c) to take possession of and operate all or any portion of the Solar Operations and to perform all obligations to be performed by Lessee under this Ground Lease, or to cause a receiver to be appointed to do so; and (d) to acquire all or any portion of the Solar Operations by foreclosure or by an assignment in lieu of foreclosure and thereafter effect an assignment in accordance with the terms of this Ground Lease. Upon acquisition of the interests of all or any portion of the Solar Operations by a Mortgagee or any other third party which acquires the interests, from or on behalf of the Mortgagee, in accordance with the terms of this Ground Lease, Owner shall recognize the Mortgagee or such other party (as the case may be) as Xxxxxx’s proper successor, and this Ground Lease shall remain in full force and effect.
Mortgagee’s Right to Possession, Right to Acquire and Right to Assign. A Mortgagee will have the right, subject to timely payment of all Rents due under the Lease and to Lessor’s written consent, as applicable: (a) to assign its security interest; (b) to enforce its lien and acquire title to the leasehold estate by any lawful means; (c) to take possession of and operate the Premises or any portion thereof and to perform all obligations to be performed by Lessee hereunder, or to cause a receiver to be appointed to do so; and (d) to acquire the leasehold estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the leasehold estate to a third party. As applicable, Xxxxxx’s prior written consent will be required for the acquisition of the encumbered leasehold estate by a third party who is authorized to contract with the State of Idaho and acquires the same by foreclosure or assignment in lieu of foreclosure.
